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posted Jan 11, 2022 11:44:46 AM

Married and filing separately. Do I need to itemized for both of us?

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4 Replies
Level 15
Jan 11, 2022 11:49:18 AM

Yes you do.   If one spouse itemizes then the other spouse is required to itemize too, even if they do not even have enough deductions to get their standard deduction.   MFS is usually the worst way to file.

 

 

 

If you were legally married at the end of 2021 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,100 (+$1350 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separately

Level 15
Jan 11, 2022 11:53:10 AM

If one spouse itemizes, then both spouses must itemize.  You can't stack all the deductions on one return and have the other spouse take the standard deduction. 

Level 15
Jan 11, 2022 12:12:19 PM

To be clear, you do not have to itemize. You can use the standard deduction, but then you both have to use the standard deduction. You have to either both itemize or both take the standard deduction. You can't itemize for one and take the standard deduction for the other.

 

Level 15
Jan 11, 2022 3:34:11 PM

And there are special rules if you itemize in a Community Property State.